A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 21, 2017, the Defendant, without a vehicle driver’s license, driven C Lasta vehicle at the section of about 10km of approximately 10km from the Seo-gu Incheon Seo-dong, Seo-gu, Incheon to the front road of the treatment plant for passenger sewage in Yeonsu-gu, Incheon, Seo-gu, Incheon, with a alcohol level of 0.07% in alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving at home and report on the situation of driving without a license;

1. Each investigation report (main driver's report and confirmation of control place);

1. Inquiry into the results of crackdown on the driving of alcohol, and a statement in the circumstances of the driver concerned (A);

1. Application of Acts and subordinate statutes to a driver's license;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act led to the instant crime by driving under drinking or without a license, even though the Defendant had been subject to criminal punishment on three occasions due to driving under influence of alcohol and one time due to driving without a license.

In particular, the Defendant committed the instant crime after the lapse of a period of time from that time, even though he had been sentenced to a fine due to driving of light drinking in 2016.

Considering the social risk of drinking and non-licensed driving, the accused's liability can not be easily assessed.

However, the defendant makes a statement to the effect that this court recognizes and reflects a crime.

The Defendant’s drinking figures did not reach the level of seriousness.

When the defendant excludes a criminal record of a four-time fine due to drinking or non-licensed driving, he/she has no record of criminal punishment otherwise, and has no record of being sentenced to a suspended sentence or heavier punishment.